Tag Archives: Fair Use

Square Enix Has Disabled Streaming For Left Alive In Japan

According to reports coming out of Japan, […] the developers have cut off all ability to stream the game directly from the PS4. According to a number of streamers, the reasons it’s been done is because reviews of the game have been low ever since the game was released in the country, and rather than showing off what the game looks like and plays like before it gets released in the West, [Square Enix] decided simply to cut off the YouTube option. – Gavin Sheehan, Bleeding Cool » https://ift.tt/2SFcUCX

Why was it so easy to weaponize copyright against PewDiePie?

Live streams or prerecorded “Let’s Play” videos are hugely popular and often lucrative, but they rest on a shaky legal foundation. Almost by definition, gameplay videos are full of game developers’ copyright-protected art. So without a studio’s permission, these videos are only legal if they count as fair use — a DMCA exception that protects criticism, parody, and other creative repurposing of a copyrighted work. Fair use is a broad standard decided on a case-by-case basis, but artists and entertainers in some fields can look at past legal decisions for a sense of what’s acceptable. For Let’s Play videos, these cases are almost nonexistent. – Adi Robertson, The Verge http://ift.tt/2wUJ3j6

The Star Wars Video That Baffled YouTube’s Copyright Cops | Backchannel

Fans of the YouTube channel Auralnauts, which posted the doctored Star Wars scene in 2014 as a tongue-in-cheek tribute to the emotional power of Williams’ score, loved it for that weirdness. But another set of viewers—the holders of the rights to the movie’s soundtrack—tuned in to these sounds of silence and heard something else: the ka-ching of a cash register. – Jermey Hsu, WIRED via Ars Technica http://ift.tt/2w5sWfh

YouTube’s Nostalgia Critic offers an emergency crash course in fair use

The real problem, the video attests, is that YouTube stacks the deck against those creators who invoke fair use. There is no limit to the number of claims that can be filed against an account, for instance, but the account holder can only make three appeals at a time. Worse yet, there is absolutely no penalty for filing false claims against an account, even though the content creator may be losing revenue while a video is temporarily suspended. – Joe Blevins, The A.V. Club

The NFL wants you to think these things are illegal

“This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL’s consent is prohibited.” That second sentence is bunk from a legal standpoint. It is not illegal to describe or give an account of one of the biggest media events of the year. You can talk about the Super Bowl without infringing copyright. […] Copyright simply doesn’t extend that far. The NFL is also drastically overstating its case when it comes to actual copies of the game or pictures coming from it. You can record the Super Bowl. It’s been undeniably, unquestionably legal since 1984 that you can record the broadcast to watch later (and skip commercials, if you’re so inclined). – Sherwin Siy, Public Knowledge via Ars Technica

Google’s Move Toward Fair Use Comes In Anticipation Of YouTube Red

It is clear that given the sheer volume of videos being uploaded and shared over the web, copyright owners will need to re-evaluate what to consider as infringement. In fact, in a recent decision (Lenz v Universal Music Corp) the Ninth Circuit Court of Appeals affirmed the district court’s summary judgment, that, prior to sending a takedown notice under the DMCA, a copyright holder must first evaluate whether the alleged unauthorized performance constituted fair use — or they can be held to damages. – David Felicissimo, TechCrunch

Legal Streaming: Build Your Audience Without Getting GG’ed

In a nutshell, “fair use” means a streamer can broadcast her gameplay “for purposes such as criticism, comment, news reporting, teaching . . . scholarship, or research . . . .” Whether reproduced content is “fair use” depends on a number of factors: the purpose and character of the use; the nature of the copyrighted content; the amount of content used in relation to the copyrighted work as a whole; and the effect of the use on the potential market for or value of the copyrighted work. Id. For example, a broadcaster’s gameplay is more likely to be protected “fair use” if accompanied by the broadcaster’s running commentary. – Seth Northrop & Li Zhu, TechCrunch

It is Now Legal to Hack a Smart TV

photo: Samsung, The Hollywood Reporter

The bid was approved over concerns by creative groups who worried that jailbreaking would allow the installation of software such as “Popcorn Time,” allowing users to view pirated movies. But the United States Copyright Office concluded allowing tinkering for the purpose of achieving the interoperability of lawful software applications would likely constitute a fair use. – Eriq Gardner, The Hollywood Reporter
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